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(영문) 서울중앙지방법원 2016.11.02 2016가단5158470
구상금
Text

1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 64,294,797 and KRW 63,645,197 among them.

Reasons

Facts of recognition

On July 16, 2014, Defendant A received loans from the Industrial Bank of Korea at KRW 70 million from the Industrial Bank of Korea on the security of a credit guarantee certificate [the credit guarantee certificate No. D, guaranteed amount of KRW 63,00,000, and guaranteed term of July 15, 2015 (the change to July 15, 2016)] issued by entering into a credit guarantee agreement with the Plaintiff.

The above credit guarantee agreement stipulates that when the plaintiff pays the above guaranteed debt on behalf of the plaintiff, the defendant A shall pay the amount of subrogation to the plaintiff and the damages for delay based on the rate of delay damages determined by the plaintiff from the date of payment to the date of full payment, and the legal procedure expenses paid by the plaintiff

The rate of damages for delay determined by the Plaintiff is 10% per annum from February 1, 2016 to the date.

As the representative director of Defendant A Co., Ltd., Defendant A jointly and severally guaranteed the liability for indemnity against the Plaintiff of Defendant A regarding the said credit guarantee agreement.

On April 16, 2016, Defendant A, Inc., caused a guarantee accident in which he/she would lose the benefit due to delay in interest, and on June 14, 2016, the Plaintiff subrogated to the Bank of Korea for KRW 63,645,197.

The legal procedure costs incurred by the Plaintiff are 649,600 won.

On January 5, 2016, Defendant B entered into a contract to sell the instant real estate (hereinafter “instant sale”) to Defendant C, which is the only property listed in the separate sheet, as the only property, and completed the registration of ownership transfer in Defendant C following the following day.

On January 15, 2016, after completing the registration of transfer of ownership on the instant real estate, Defendant C acquired the Defendant B’s obligation to repay loans to the Korea Housing Finance Corporation, which is the secured debt of the right to collateral security on January 14, 2016, from the date of completing the registration of transfer of ownership on the instant real estate, and completed the additional registration to change the debtor of the said right to collateral security into his own.

The value of the instant real estate at the time of the instant sale and purchase is KRW 190 million, and the amount of the secured obligation at the time of the instant sale and purchase of the instant real estate is KRW 154,116,00,000, as it is the amount of the secured obligation at the time of the instant sale and purchase.

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